WASHINGTON – Former President Donald Trump on Thursday pleaded with the Supreme Court to allow him to remain on the Republican primary ballot in Colorado as he seeks to overturn a state ruling that declared him ineligible because of his role leading up to the Jan. 6 attack. in the Capitol.
Trump’s lawyers submitted a document outlining his position ahead of oral arguments scheduled for February 8.
The Colorado Supreme Court ruled on Dec. 19 that a clause in the Constitution’s 14th Amendment barring “an officer of the United States” who “participated in the insurrection” from running for various federal offices applied to Trump.
The case raises several previously undecided legal questions, including whether constitutional language applies to those running for president and who decides whether someone participated in an insurrection.
In Thursday’s filing, Trump’s lawyers addressed those issues, saying that a president is not an “official of the United States,” that Trump did not “engage in an insurrection” and that only Congress can enforce the provision in question. .
“The court should quickly and decisively end these vote disqualification efforts, which threaten to disenfranchise tens of millions of Americans and which promise to unleash chaos and mayhem if other state courts and state officials follow suit.” Colorado and exclude the likely Republican presidential candidate. candidate on their ballots,” Trump’s lawyers wrote.
The state high court’s decision overturned a lower court ruling in which a judge said Trump had engaged in an insurrection by inciting the Jan. 6 riot, but that presidents are not subject to the 14th’s insurrection clause. Amendment because they are not an “official.” from United States.”
The state court said its ruling would remain on hold indefinitely once Trump appealed to the U.S. Supreme Court.
Interest in the Colorado case increased when Maine’s top elections official concluded that Trump was also ineligible to appear on the Republican primary ballot in that state. That case has been put on hold, meaning Trump remains on the ballot for now, and Trump’s appeal has also been put on hold pending resolution of the Supreme Court case.
The high court ruling could have ramifications in all 50 states, as Michigan Secretary of State Jocelyn Benson, a Democrat, noted Thursday, filing a friend of the court writing highlighting the need for a final decision on the issue. He mentioned that a similar challenge was filed in Michigan and although it failed in connection with the Republican primary, it could be revived for the November general election.
“These questions must be fully answered now because election officials, like the Secretary, need to know if the former president is eligible to appear on the ballot as a candidate, and voters deserve to know if he is eligible to serve as president before they cast their votes. “Benson’s lawyers wrote. Benson did not take a position on whether Trump should be deemed ineligible.
Dozens of other briefs have been filed in the case so far, including one supporting Trump filed by 179 Republican members of Congress led by House Speaker Mike Johnson, R-Louisiana, and Senate Minority Leader Mitch McConnell, R-Kentucky.
Trump discussed the Supreme Court case during an interview that aired Thursday night on Fox News.
“We appointed three great judges, and there are other great judges up there, and they are not going to take away the vote from the people,” Trump said in an interview with Sean Hannity.
Trump nominated judges Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett.
The initial lawsuit was filed on behalf of six Colorado voters by the left-leaning government watchdog group. Citizens for responsibility and ethics in Washington and two law firms. They and their supporters have until January 31 as the deadline to file their own briefs with the Supreme Court.